Velvet
by James. 04/29/24 08:31 AM
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By law is scouting considered "Hunting"?
#3954230
08/08/23 06:16 PM
08/08/23 06:16 PM
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Joined: Dec 2002
Posts: 2,028 Hartselle, AL
ghost rabbit
OP
8 point
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OP
8 point
Joined: Dec 2002
Posts: 2,028
Hartselle, AL
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My question is by the definition of the law does scouting fall under the act of hunting? I ask the because of what I was told by a game warden today with regards to using drones for deer season this season. There was an article written in 2015 where Kevin Dodd answered that using drones for scouting was legal and no different from scouting from a truck. Here is the article where that was quoted. https://www.montgomeryadvertiser.co.../22/hunters-limited-use-drones/76123386/ I called the local WMA office waning to make sure this same rule applied for WMA use and public land in general. He thought it would but told me he would make some phone calls to find out. He called me back today and said that not only could you not do it on public but that you couldn't use it for scouting on private either. The only use would be for deer recovery. I told him about this article and he asked me to send it to him and he would check it out and get back with me. His answer was today would be that using a drone for any scouting purpose including the deer analysis would not be allowed during huntign season. He did say he felt that i would be legal outside of season as you have no legal way to hunt when season is closed. The law he referenced that he felt made it illegal is the same law that was referenced in the 2015 article by Kevin Dodd. The law hasn't changed, just the way they seem to interpret it. It all will hinge on whether scouting falls under the definition of hunting. If thats the case though you couldn't scout with the use of truck, atv, or any such either. Whats the aldeer consensus on the how this would fall legally?
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Re: By law is scouting considered "Hunting"?
[Re: ghost rabbit]
#3954276
08/08/23 07:34 PM
08/08/23 07:34 PM
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Joined: Nov 2005
Posts: 3,831 Jasper
buckhunter2
10 point
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10 point
Joined: Nov 2005
Posts: 3,831
Jasper
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Not illegal to fly a drone on private land any time of the year for recreational purposes.
It is illegal to use a drone to aid in harvesting a deer or attempting to harvest a deer.
Burden of proof is on the possum police as to whether or not you are breaking the law.
I wouldn’t be flying a drone decked out in camo and then hit the woods as soon as drone is parked. Probably have to explain that one to the judge if the possum police observes said activities.
You're only as good as your worst shot-
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Re: By law is scouting considered "Hunting"?
[Re: ghost rabbit]
#3954279
08/08/23 07:37 PM
08/08/23 07:37 PM
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Joined: Nov 2013
Posts: 10,356 coffee county
goodman_hunter
Booner
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Booner
Joined: Nov 2013
Posts: 10,356
coffee county
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I don't see how hunting with a drone is any different than using cell cams.
For without victory, there is no survival
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Re: By law is scouting considered "Hunting"?
[Re: goodman_hunter]
#3954280
08/08/23 07:40 PM
08/08/23 07:40 PM
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Joined: Mar 2020
Posts: 7,081 Free State of Winston
FreeStateHunter
They Call Me Gator 🐊
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They Call Me Gator 🐊
Joined: Mar 2020
Posts: 7,081
Free State of Winston
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I don't see how hunting with a drone is any different than using cell cams. Vastly different. I can scan tens of acres on a single drone charge. Cell camera covers a 40’x80’ range,
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Re: By law is scouting considered "Hunting"?
[Re: goodman_hunter]
#3954287
08/08/23 07:44 PM
08/08/23 07:44 PM
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Joined: Dec 2002
Posts: 2,028 Hartselle, AL
ghost rabbit
OP
8 point
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OP
8 point
Joined: Dec 2002
Posts: 2,028
Hartselle, AL
|
I don't see how hunting with a drone is any different than using cell cams. I own one of the newer thermal drones. It is vastly different. I don't deny that some laws governing it are needed. I just don't like being at the interpretation of the officer.
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Re: By law is scouting considered "Hunting"?
[Re: ghost rabbit]
#3954291
08/08/23 07:45 PM
08/08/23 07:45 PM
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Joined: Mar 2020
Posts: 7,081 Free State of Winston
FreeStateHunter
They Call Me Gator 🐊
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They Call Me Gator 🐊
Joined: Mar 2020
Posts: 7,081
Free State of Winston
|
I don't see how hunting with a drone is any different than using cell cams. I own one of the newer thermal drones. It is vastly different. I don't deny that some laws governing it are needed. I just don't like being at the interpretation of the officer. Are you going to be doing recovery this season? Would be a good resource if the time comes
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Re: By law is scouting considered "Hunting"?
[Re: buckhunter2]
#3954300
08/08/23 07:53 PM
08/08/23 07:53 PM
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Joined: Dec 2002
Posts: 2,028 Hartselle, AL
ghost rabbit
OP
8 point
|
OP
8 point
Joined: Dec 2002
Posts: 2,028
Hartselle, AL
|
Not illegal to fly a drone on private land any time of the year for recreational purposes.
It is illegal to use a drone to aid in harvesting a deer or attempting to harvest a deer.
Burden of proof is on the possum police as to whether or not you are breaking the law.
I wouldn’t be flying a drone decked out in camo and then hit the woods as soon as drone is parked. Probably have to explain that one to the judge if the possum police observes said activities. But the law they're using to go against it with would not be breaking it. it would be no different than me parking my atv and going to hunt. If you read the article then you see that is exactly what is covered. Flying the drone before going to hunt and then deciding what stand to go to. I'll give you a scenario that I was planning for the upcoming season. Lets say i get to to our hunting lease fly the drone and locate some deer at first daylight. That evening we are planning a deer drive especially to help some of the younger people who haven't killed a deer yet. I put the drone up and we come back later that day to plan a drive based on what i found while scouting with that mourning. The way the article defined it that is 100% legal. The Warden I talked to today muddied the water big time. Now I have to decide how much time is needed to pass before I am no longer hunting by the aid of an aircraft. In every other situation it would be nearly immediately. Without clear laws I have to make that decision and hope that if we are checked that it fits the interpretation of the officer.
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Re: By law is scouting considered "Hunting"?
[Re: FreeStateHunter]
#3954303
08/08/23 07:54 PM
08/08/23 07:54 PM
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Joined: Dec 2002
Posts: 2,028 Hartselle, AL
ghost rabbit
OP
8 point
|
OP
8 point
Joined: Dec 2002
Posts: 2,028
Hartselle, AL
|
I don't see how hunting with a drone is any different than using cell cams. I own one of the newer thermal drones. It is vastly different. I don't deny that some laws governing it are needed. I just don't like being at the interpretation of the officer. Are you going to be doing recovery this season? Would be a good resource if the time comes At this moment I plan to unless my full time job stays as wide open as it has been the last 2 months. If it does I just won't have time nor will it be beneficial from a financial side.
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Re: By law is scouting considered "Hunting"?
[Re: FreeStateHunter]
#3954304
08/08/23 07:54 PM
08/08/23 07:54 PM
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Joined: Nov 2013
Posts: 10,356 coffee county
goodman_hunter
Booner
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Booner
Joined: Nov 2013
Posts: 10,356
coffee county
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I don't see how hunting with a drone is any different than using cell cams. Vastly different. I can scan tens of acres on a single drone charge. Cell camera covers a 40’x80’ range, I can monitor thousands of acres instantaneously with cell cams
For without victory, there is no survival
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Re: By law is scouting considered "Hunting"?
[Re: goodman_hunter]
#3954309
08/08/23 07:57 PM
08/08/23 07:57 PM
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Joined: Mar 2020
Posts: 7,081 Free State of Winston
FreeStateHunter
They Call Me Gator 🐊
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They Call Me Gator 🐊
Joined: Mar 2020
Posts: 7,081
Free State of Winston
|
I don't see how hunting with a drone is any different than using cell cams. Vastly different. I can scan tens of acres on a single drone charge. Cell camera covers a 40’x80’ range, I can monitor thousands of acres instantaneously with cell cams Not for the same financial investment. I mean sure, unreasonable, but if you had 1k trail cameras out vs one drone it’s comparable but you don’t pay monthly for a drone and 1 drone compared to 100 cameras is no contest
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Re: By law is scouting considered "Hunting"?
[Re: FreeStateHunter]
#3954315
08/08/23 08:14 PM
08/08/23 08:14 PM
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Joined: Nov 2013
Posts: 10,356 coffee county
goodman_hunter
Booner
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Booner
Joined: Nov 2013
Posts: 10,356
coffee county
|
I don't see how hunting with a drone is any different than using cell cams. Vastly different. I can scan tens of acres on a single drone charge. Cell camera covers a 40’x80’ range, I can monitor thousands of acres instantaneously with cell cams Not for the same financial investment. I mean sure, unreasonable, but if you had 1k trail cameras out vs one drone it’s comparable but you don’t pay monthly for a drone and 1 drone compared to 100 cameras is no contest I'd take 100 cell cams to one drone any day of the week. Matter of fact I could probably take 20 cell cams on 5000 acres and kill more big bucks than someone with a drone.
For without victory, there is no survival
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Re: By law is scouting considered "Hunting"?
[Re: ghost rabbit]
#3954317
08/08/23 08:17 PM
08/08/23 08:17 PM
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Joined: Mar 2019
Posts: 3,928 Woodstock
3% outdoorsman
10 point
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10 point
Joined: Mar 2019
Posts: 3,928
Woodstock
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in my opinion.hunting is attempting to take game no difference than having some one hunting with you with no fire arm not aiding in the hunt is way I read it
Last edited by 3% outdoorsman; 08/08/23 08:25 PM.
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Re: By law is scouting considered "Hunting"?
[Re: ghost rabbit]
#3954325
08/08/23 08:24 PM
08/08/23 08:24 PM
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Joined: Mar 2019
Posts: 3,928 Woodstock
3% outdoorsman
10 point
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10 point
Joined: Mar 2019
Posts: 3,928
Woodstock
|
Drones I have no idea.i wouldn't ask myself. I don't like someone telling me I'm doing something wrong cause otherwise it ain't a problem.lol 🤣 Yeah I'd take the cell cams over a drone .I don't see a drone being an advantage That's one of those questions you'll get five answers for and in five years there will be a law on it probably
Last edited by 3% outdoorsman; 08/08/23 08:27 PM.
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Re: By law is scouting considered "Hunting"?
[Re: ghost rabbit]
#3954330
08/08/23 08:32 PM
08/08/23 08:32 PM
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Joined: Nov 2005
Posts: 3,831 Jasper
buckhunter2
10 point
|
10 point
Joined: Nov 2005
Posts: 3,831
Jasper
|
Not illegal to fly a drone on private land any time of the year for recreational purposes.
It is illegal to use a drone to aid in harvesting a deer or attempting to harvest a deer.
Burden of proof is on the possum police as to whether or not you are breaking the law.
I wouldn’t be flying a drone decked out in camo and then hit the woods as soon as drone is parked. Probably have to explain that one to the judge if the possum police observes said activities. But the law they're using to go against it with would not be breaking it. it would be no different than me parking my atv and going to hunt. If you read the article then you see that is exactly what is covered. Flying the drone before going to hunt and then deciding what stand to go to. I'll give you a scenario that I was planning for the upcoming season. Lets say i get to to our hunting lease fly the drone and locate some deer at first daylight. That evening we are planning a deer drive especially to help some of the younger people who haven't killed a deer yet. I put the drone up and we come back later that day to plan a drive based on what i found while scouting with that mourning. The way the article defined it that is 100% legal. The Warden I talked to today muddied the water big time. Now I have to decide how much time is needed to pass before I am no longer hunting by the aid of an aircraft. In every other situation it would be nearly immediately. Without clear laws I have to make that decision and hope that if we are checked that it fits the interpretation of the officer. Your scenario is 💯 illegal based the underlined portions of the regulation below. You would be using the drone to aid in the hunt. Now it would be almost impossible to get caught and prosecuted for your scenario unless the kids tell the “whole” story to the GW collecting CWD samples at the processor.
You're only as good as your worst shot-
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Re: By law is scouting considered "Hunting"?
[Re: buckhunter2]
#3954352
08/08/23 08:53 PM
08/08/23 08:53 PM
|
Joined: Dec 2002
Posts: 2,028 Hartselle, AL
ghost rabbit
OP
8 point
|
OP
8 point
Joined: Dec 2002
Posts: 2,028
Hartselle, AL
|
Not illegal to fly a drone on private land any time of the year for recreational purposes.
It is illegal to use a drone to aid in harvesting a deer or attempting to harvest a deer.
Burden of proof is on the possum police as to whether or not you are breaking the law.
I wouldn’t be flying a drone decked out in camo and then hit the woods as soon as drone is parked. Probably have to explain that one to the judge if the possum police observes said activities. But the law they're using to go against it with would not be breaking it. it would be no different than me parking my atv and going to hunt. If you read the article then you see that is exactly what is covered. Flying the drone before going to hunt and then deciding what stand to go to. I'll give you a scenario that I was planning for the upcoming season. Lets say i get to to our hunting lease fly the drone and locate some deer at first daylight. That evening we are planning a deer drive especially to help some of the younger people who haven't killed a deer yet. I put the drone up and we come back later that day to plan a drive based on what i found while scouting with that mourning. The way the article defined it that is 100% legal. The Warden I talked to today muddied the water big time. Now I have to decide how much time is needed to pass before I am no longer hunting by the aid of an aircraft. In every other situation it would be nearly immediately. Without clear laws I have to make that decision and hope that if we are checked that it fits the interpretation of the officer. Your scenario is 💯 illegal based the underlined portions of the regulation below. You would be using the drone to aid in the hunt. Now it would be almost impossible to get caught and prosecuted for your scenario unless the kids tell the “whole” story to the GW collecting CWD samples at the processor. I would disagree and the article that I stated also disagrees. The drone is doing nothing in the definition provided to physically aid the hunt. I am using the information gathered by the drone to help me decide where to hunt. It is not aiding in the hunt at all from a mechanical standpoint. It clearly states once the motor is shut off and forward motion has ceased it is no longer aiding. At what point does the information gathered scouting with the drone not become an aid? Can I use it the next day or what about 2 days? Thats why the I asked is scouting including in the definition of hunting. If it is then the way you're interpreting this law you couldn't use any motorized vehicle for scouting or hunting as it would also fall under aiding. The bottom line is by the wording of this law the article i posted where Frank Dodd addressed the issue is right by the letter of the law. The clear meaning and context of this law was to use in the actual process of the hunt. It does not address the use of such items to gather information and how that may be used to hunt and when.
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Re: By law is scouting considered "Hunting"?
[Re: ghost rabbit]
#3954363
08/08/23 09:06 PM
08/08/23 09:06 PM
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Joined: Nov 2005
Posts: 3,831 Jasper
buckhunter2
10 point
|
10 point
Joined: Nov 2005
Posts: 3,831
Jasper
|
Not illegal to fly a drone on private land any time of the year for recreational purposes.
It is illegal to use a drone to aid in harvesting a deer or attempting to harvest a deer.
Burden of proof is on the possum police as to whether or not you are breaking the law.
I wouldn’t be flying a drone decked out in camo and then hit the woods as soon as drone is parked. Probably have to explain that one to the judge if the possum police observes said activities. But the law they're using to go against it with would not be breaking it. it would be no different than me parking my atv and going to hunt. If you read the article then you see that is exactly what is covered. Flying the drone before going to hunt and then deciding what stand to go to. I'll give you a scenario that I was planning for the upcoming season. Lets say i get to to our hunting lease fly the drone and locate some deer at first daylight. That evening we are planning a deer drive especially to help some of the younger people who haven't killed a deer yet. I put the drone up and we come back later that day to plan a drive based on what i found while scouting with that mourning. The way the article defined it that is 100% legal. The Warden I talked to today muddied the water big time. Now I have to decide how much time is needed to pass before I am no longer hunting by the aid of an aircraft. In every other situation it would be nearly immediately. Without clear laws I have to make that decision and hope that if we are checked that it fits the interpretation of the officer. Your scenario is 💯 illegal based the underlined portions of the regulation below. You would be using the drone to aid in the hunt. Now it would be almost impossible to get caught and prosecuted for your scenario unless the kids tell the “whole” story to the GW collecting CWD samples at the processor. I would disagree and the article that I stated also disagrees. The drone is doing nothing in the definition provided to physically aid the hunt. I am using the information gathered by the drone to help me decide where to hunt. It is not aiding in the hunt at all from a mechanical standpoint. It clearly states once the motor is shut off and forward motion has ceased it is no longer aiding. At what point does the information gathered scouting with the drone not become an aid? Can I use it the next day or what about 2 days? Thats why the I asked is scouting including in the definition of hunting. If it is then the way you're interpreting this law you couldn't use any motorized vehicle for scouting or hunting as it would also fall under aiding. The bottom line is by the wording of this law the article i posted where Frank Dodd addressed the issue is right by the letter of the law. The clear meaning and context of this law was to use in the actual process of the hunt. It does not address the use of such items to gather information and how that may be used to hunt and when. It really doesn’t matter how anyone other than the GW interprets it. If you tell the game warden you are using a drone to locate a deer and then go kill it, you’ll be ticketed and have to take off from work and explain your newspaper article to the judge. Maybe you’ll win in court and I hope you do but you will be ticketed.
You're only as good as your worst shot-
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